What are the reasons for the decision to deprive adjudicators and the Immigration Appeal Tribunal of the power to consider human rights issues in appeals against decisions made before 2 October.[HL4172]

Lord Bassam of Brighton: The new appeal provision in the Immigration and Asylum Act 1998 for appeals on the grounds that a decision breaches someone's human rights under Section 6(1) of the Human Rights Act (HRA) 1998 was not made retrospective because the HRA did not come into force until 2 October. Where someone wishes to claim such a breach, the Government believe it right that the Secretary of State should have the opportunity to consider that claim before it is the subject of an appeal.

Human Rights: Protocol No 12

Lord Lester of Herne Hill asked Her Majesty's Government:

Further to the Written Answer by Lord Bassam of Brighton on 11 October (WA 37), whether they consider the text of Article 26 of the United Nations Covenant on Civil and Political Rights to have the defects they discern in the text of Protocol 12 to the European Convention on Human Rights. [HL4179]

Lord Bassam of Brighton: Our difficulties in accepting Protocol 12 are not related to Article 26 of the Covenant. A number of other states, including France, Germany, Spain and Sweden, did not vote for adoption of this text.

Lord Lester of Herne Hill asked Her Majesty's Government:

Further to the Written Answer by the Lord Bassam of Brighton on 11 October (WA 37), what is the significance of the fact that Protocol 12 to the European Convention on Human Rights does not make clear whether "rights set forth by law" include international as well as national law. [HL4180]

23 Oct 2000 : Column WA14

Lord Bassam of Brighton: The Government's concern is that the European Court of Human Rights might hold that a right set out in an international agreement, but not incorporated into United Kingdom law is covered by Protocol 12.

Lord Lester of Herne Hill asked Her Majesty's Government:

Further to the Written Answer by Lord Bassam of Brighton on 11 October (WA 37), whether they consider that the text of the Preamble to Protocol 12 to the European Convention on Human Rights, "Reaffirming that the principle of non-discrimination does not prevent States Parties from taking measures in order to promote full and effective equality, provided that there is an objective and reasonable justification for those measures", is intended to enable Contracting States to take positive measures; and, if not, what is their understanding of the meaning of the Preamble.[HL4181]

Lord Bassam of Brighton: The Preamble does not have the same force as a substantive provision in the Protocol itself.

Lord Lester of Herne Hill asked Her Majesty's Government:

Further to the Written Answer by the Lord Bassam of Brighton on 11 October (WA 37), in what respects they consider that the text of Protocol 12 does not follow the case law of the European Convention on Human Rights in allowing objective and reasonably justified distinctions.[HL4182]

Lord Bassam of Brighton: Protocol 12 states that the enjoyment of any right set forth by law shall be secured without discrimination on the ground of any status; it does not provide any exception.

Asylum Seekers' Appeal Rights

Lord Lester of Herne Hill asked Her Majesty's Government:

Why the United Kingdom Immigration Service is continuing to send to the representatives of asylum seekers standard notifications of removal indicating that the individual concerned has "exhausted all rights of appeal" without making it clear that there is an opportunity to ask the Secretary of State to reconsider on human rights grounds. [HL4183]

Lord Bassam of Brighton: The form in question is a locally produced form, the wording of which has now been amended. However the right of appeal only arises where an allegation is made to the effect that a decision breaches a person's human rights and is made unlawful by Section 6(1) of the Human Rights Act 1998.

UN Peacekeeping Operations: Deployment of UK Forces

Lord Judd asked Her Majesty's Government:

Whether the deployment up to brigade level of United Kingdom-based forces in support of United Nations peacekeeping operations, including those in Sierra Leone, will in all circumstances only be at the explicit request of the United Nations made either by the Security Council or by the uniting for peace procedure and that all such deployment will remain accountable to the United Nations whatever the field operational command arrangements. [HL4165]

The Minister of State, Ministry of Defence (Baroness Symons of Vernham Dean): The precise terms of any deployment of UK forces in support of UN peacekeeping operations, including the command arrangements, would depend on the circumstances at the time. The final decision on making any deployment would rest with Her Majesty's Government.